Section 138 | Restriction on disclosure of intelligence service information

(1)Section 135(2) does not authorise a person to disclose information to an enforcing authority where—

(a)the person is serving in an intelligence service, or

(b)the information is intelligence service information.

But this does not affect the disclosures which a person serving in an intelligence service may make in accordance with intelligence service disclosure arrangements (see subsection (4)).

(2)Intelligence service information may not be disclosed by an enforcing authority without authorisation from the appropriate service chief.

(3)If an enforcing authority has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.

(4)In this section—

“appropriate service chief” means—

the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf;

the Chief of the Secret Intelligence Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf;

the Director of GCHQ, in the case of information obtained from, or relating to, GCHQ or a person acting on its behalf;

“enforcing authority” has the same meaning as in section 135;

“intelligence service disclosure arrangements” means—

arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service;

arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service;

arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;

“intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.